G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received […]
Constitutional Law
230 posts
G.R. No. 226679 – 816 Phil. 789 – Remedial Law – Criminal Procedure – Plea Bargaining in Drugs Cases Political Law – Constitutional Law – Judicial Power – Rule Making Power is vested in the Judiciary Salvador Estipona, Jr. was indicted for violating Section 11 (illegal possession of illegal drugs) […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due process was […]
G.R. No. 202666 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January 2012, Angela Tan, a high school student at St. Theresa’s College (STC), […]
G.R. No. L-68288 – 226 Phil. 596 – 142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National University (NU) barred them from enrolling in the said university. NU argued […]
G.R. No. 147387; G.R. No. 152161 – 463 Phil. 179 – 417 SCRA 503 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Bicameral Conference Committee – Enrolled Bill Doctrine Equal Protection Clause – Valid Classification Election Law – Appointive Officials […]
G.R. No. 168056 – 506 Phil. 1 – 469 SCRA 1 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Enrolled Bill Theory – Validity of the Bicameral Conference Committee In this case, the constitutionality of R.A. No. 9337 or the RVAT […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]
G.R. Nos. 171947-48 – 574 SCRA 661 – Political Law – Elements of the State – Government – Ministerial vs Discretionary Functions – Mandamus Constitutional Law – Right to a Healthful Ecology Civil Law – Environmental Laws – Continuing Mandamus; When first applied in Philippine setting In 1999, the Concerned […]
G.R. No. 209287 – Political Law – Constitutional Law – Separation of Powers – Fund Realignment – Constitutionality of the Disbursement Acceleration Program Power of the Purse – Executive Impoundment When President Benigno Aquino III took office, his administration noticed the sluggish growth of the economy. The World Bank advised […]
G.R. No. 208566 – 721 Phil. 416 – 710 SCRA 1 – Political Law – Constitutional Law – Local Government – Invalid Delegation – Congressional Pork Barrel is Unconstitutional Legislative Department – Invalid Delegation of Legislative Power This case is consolidated with G.R. No. 208493 and G.R. No. 209251. The so-called pork barrel […]
G.R. No. 172087 – 660 Phil. 636 – 645 SCRA 338 – Taxation Law – Income Taxation – Corporate Taxpayers – PAGCOR is not exempt from income taxation Political Law – Equal Protection Clause The Philippine Amusement and Gaming Corporation (PAGCOR) was created by P.D. No. 1067-A in 1977. Obviously, […]
G.R No. 187167 – 655 SCRA 476 – Political Law – Constitutional Law – Basic Concepts – Elements of a State – Territory; The National Territory – RA 9522 is Constitutional In March 2009, Republic Act No. 9522, an act defining the archipelagic baselines of the Philippines was enacted – […]
G.R. No. 203766 – 694 SCRA 477 – Political Law – Constitutional Law – Legislative Department – Party-List System – Major Political Parties May Run Under the Party-List System This case partially abandoned the rulings in Ang Bagong Bayani vs COMELEC and BANAT vs COMELEC. Atong Paglaum, Inc. and 51 other parties […]
G.R. No. 127553 – 346 Phil. 1014 – 282 SCRA 326 – Labor Law – Post-Employment – Termination; Due Process – Just Causes Political Law – Constitutional Law – Bill of Rights; Right to Counsel In June 1995, the security guards of N.C. Construction Supply caught an employee stealing from the […]
G.R. No. L-1340 – 79 Phil. 345 – Labor Law – Labor Relations – Picketing – Illegal Picketing – Splitting of Unions Political Law – Constitutional Law – Freedom of Speech – Picketing In December 1946, the Bisig ng Canlubang Union (BCU) demanded from the Canlubang Sugar Estate (CSE) the […]